Other Services

Unfortunately not everyone manages to make a Lasting Power of Attorney before their mental health declines. Once a power of attorney has been put off until its too late the only option to be able to manage and control a loved one's financial affairs is to apply for what is known as a Deputyship Order with the Court of Protection in London.

The process involves completing a pack of forms going through your loved one's personal circumstances, financial circumstances and your own background and finances. There also needs to be a medical assessment to confirm the diagnosis.

Any family member can apply for a Deputyship Order but its usually best if this can be agreed within the family first. Other family members have to be notified of the application so that they have the opportunity to object. The application is usually all dealt with through the post so there is no need to actually travel to London to attend a hearing.

The Court operates notoriously slowly and it can take anywhere between 9 months and a year to receive the Court Order. After the Order has been made the newly appointed Deputy has to pay for an annual insurance policy to cover any financial risks and they also have to submit an annual account to the Court for scrutiny.

At D Burke & Co Limited our experience of dealing with these types of matters means that we can navigate the path as quickly and smoothly as possible in order to remove the burden from your shoulders. We can also write holding letters to creditors and/ or care home providers to let them know that you are doing everything in your power to try and take control of your loved one's affairs.

Does your parent, grandparent, uncle or aunt have an old style 'green' Enduring Power of Attorney?

Lasting Powers of Attorney were introduced in 2007 to replace Enduring Powers of Attorney. The old style Enduring Powers of Attorney made before October 2007 remain valid but have to be registered with the Office of the Public Guardian before they can be used.

The registration process is not as straightforward as for Lasting Powers of Attorney and a set number of relatives from a set list have to be notified within prescribed time frames. A medical assessment is also required.

At D Burke & Co Limited we can assist you in organising for an Enduring Power of Attorney to be registered so that you can be sure that all the time and notification requirements are met. We  can take away the administrative burden so that you can concentrate on the day to day things that matter most.

Ever seen the Heir Hunter program on the television? Well it is true and it does happen!

For a number of years we have helped to track down hundreds of beneficiaries from all over the country all entitled to monies left by (usually) distant long forgotten relatives who didn't make a Will.

Often the amounts of monies are low particularly when it is shared between all of the entitled beneficiaries. Our average estate usually comes to around £5000 but some can be much lower. We have had some estates worth in the tens of thousands but not as yet hundreds of thousands!

At D Burke & Co Limited we find this type of work rewarding as often we are offering families a sense of closure as to what happened to a family member who one day just stopped keeping in touch. We are also managing to stop families from unnecessarily losing money to His Majesty's Government which can only ever be a good thing.

Do you own a property jointly with someone who is not your spouse or civil partner? Did you contribute more money towards the purchase price?

If the answer to both these questions is 'Yes' then we strongly recommend you and your co-owner prepare a Property Trust Deed to set out who should receive what if one of you were to die and/ or if the Property is sold. No one ever wants to fall out but sometimes that can happen.

Discussing ahead of time who is going to receive what often prevents falling out as everyone involved knows what to expect. It leaves you with the peace of mind of knowing that your investment is protected for whatever the future may bring.

As each scenario and person is different the best way forward is to contact us to discuss the options available so that we can tailor the deed to your specific circumstances.

Do you have that piece of land that you have always used but just don't have any title deeds for?

Help is at hand! If you have used the land as your own for over 12 years we can help to prepare a possessory title application with the Land Registry on your behalf in order to claim the land as your own.

We have successfully acted for clients claiming small side gardens, old demolished outside toilet blocks, rights of way and even whole fields. We can prepare the application based upon our knowledge and experience of the Land Registry's requirements and also let you know your likelihood of success.

Once possessory title is granted the clock starts ticking again so that once another 12 years has passed the title can be upgraded to absolute. At D Burke & Co Limited we recommend making your application as soon as possible so that this second clock can begin to tick.

There are many reasons why you may need to add (or remove) a name from your title deeds. The property may have been purchased when one person was the main breadwinner or even before they met the other person. There may be a matrimonial split or a trust may have been created following a death.

Whatever the reason we at D Burke & Co Limited can help with a straightforward, no frills nor fuss, transfer of equity.

As each situation is different we recommend that you contact us to discuss the background and the requirements so that we can provide you with a case specific quotation, advice and timescales.